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All Journal JHSS (Journal of Humanities and Social Studies)
Fajriawati
Universitas Muhammadiyah Sumatera Utara, Medan, Indonesia
Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Review Of Legal Protection For Parties In Ship Charter Agreements (Case Study: Spob Julvinda Ship Charter Agreement Between PTt Mitha Samudera Wijaya And PT Bestie Hoper Indonesia) Adrian Malik Kusuma; Fajriawati
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol. 10 No. 01 (2026): JHSS (Journal of Humanities and Social Studies) (SI)
Publisher : UNIVERSITAS PAKUAN

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Abstract

This study aims to examine the legal protection of parties in ship charter agreements (charter party) under Indonesian positive law, with a case study of Time Charter Agreement Number /MSW-BHI/TC/X/2024 between PT Mitha Samudera Wijaya as ship owner and PT Bestie Hoper Indonesia as charterer for vessel SPOB Julvinda. This research employs a normative juridical method with statutory and conceptual approaches. The results show that the legal regulation of ship charter agreements in Indonesia is scattered across the Civil Code, Commercial Code, and Law Number 17 of 2008 on Shipping. Legal protection for parties is realized through balanced contractual clauses covering rights and obligations, deposit mechanisms, off-hire provisions, and dispute resolution through the Medan District Court. Default in ship charter agreements can be resolved through litigation or non-litigation (mediation and arbitration). This study recommends the need for a single maritime law codification in Indonesia to ensure legal certainty and balanced protection for all parties.
Juridical Review Of Legal Protection For Parties In Ship Charter Agreements (Case Study: Spob Julvinda Ship Charter Agreement Between PT Mitha Samudera Wijaya And PT Bestie Hoper Indonesia) Adrian Malik Kusuma; Fajriawati
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol. 10 No. 02 (2026): JHSS (Journal of Humanities and Social Studies) (SI)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v10i02.402

Abstract

This study aims to examine the legal protection of parties in ship charter agreements (charter party) under Indonesian positive law, with a case study of Time Charter Agreement Number /MSW-BHI/TC/X/2024 between PT Mitha Samudera Wijaya as ship owner and PT Bestie Hoper Indonesia as charterer for vessel SPOB Julvinda. This research employs a normative juridical method with statutory and conceptual approaches. The results show that the legal regulation of ship charter agreements in Indonesia is scattered across the Civil Code, Commercial Code, and Law Number 17 of 2008 on Shipping. Legal protection for parties is realized through balanced contractual clauses covering rights and obligations, deposit mechanisms, off-hire provisions, and dispute resolution through the Medan District Court. Default in ship charter agreements can be resolved through litigation or non-litigation (mediation and arbitration). This study recommends the need for a single maritime law codification in Indonesia to ensure legal certainty and balanced protection for all parties.
Co-Authors Adrian Malik Kusuma